Tag Archives: Identity Theft

Alabama Seeks To Become 48th State To Enact Breach Legislation

Alabama recently introduced a bill (S.B. 106) which would require notification in the event of a breach affecting the personal information of an Alabama resident.  While 47 states currently have laws requiring breach notification — most recently joined by Kentucky — New Mexico, South Dakota, and Alabama are the only states that do not. Notably, the proposed … Continue Reading

Indiana Measure to Amend Breach Notification Law Passes Senate

Late last year we reported Indiana Attorney General Greg Zoeller was seeking legislation which would better protect the online personal and financial information of Indiana residents. That legislation, S.B. 413, was unanimously passed by the Indiana Senate on February 24, 2015.  Indiana’s bill follows similar efforts in New Jersey, New York and Oregon. As previously mentioned, the Indiana … Continue Reading

Top 15 for 2015 – Happy National Data Privacy Day

In honor of National Data Privacy Day, we provide the following “Top 15 for 2015.”  While the list is by no means exhaustive, it does provide some hot topics for businesses to consider in 2015. Inside Threats for Healthcare Providers and Business Associates.  While news reports of security risks often focus on hackings and breaches … Continue Reading

FCC Promises Action Against Those Who Fail to Safeguard

On December 19, 2014, the FCC published Chairman Thomas Wheeler‘s response to Senator Bill Nelson’s (D-FL) letter regarding the FCC’s recent proposed $10 million fine against two telecom companies. In the response, Chairman Wheeler reiterated the need for FCC action in this area and explained that consumers regularly entrust their most personal, confidential, and sensitive information … Continue Reading

NJ & NY Propose Amendments To Data Breach Laws

The New Jersey Assembly on December 15 unanimously approved, by a vote of 75-0, a bill designed to better protect consumers from identify theft.  Bill A3146, if approved by the Senate, would expand the state’s law to include disclosure of a breach of security of online accounts. Per the Identity Theft Resource Center, between 2005 … Continue Reading

EMPLOYERS BEWARE: MEDICAL IDENTITY THEFT ON THE RISE AND IS THE GOLDEN TARGET FOR HACKERS

As we’ve discussed previously, medical identity information is worth more than ten (10) times that of financial information on the black market. This gives hackers a financial incentive to obtain such information that is maintained not only by medical providers and pharmacies but also by employers who provide medical insurance coverage to their employees. Employers … Continue Reading

FCC Issues First Data Security Fine

On October 24, 2014, the Federal Communications Commission (FCC) announced its intention to fine two telecom companies $10 million for several violations of laws protecting the privacy of phone customers’ personal information.  This marks the FCC’s first data security case and the largest privacy action in the FCC’s history. According to the FCC, TerraCom, Inc. … Continue Reading

NY Department of Financial Services Proposes Virtual Currency Rule

The New York Department of Financial Services recently published proposed regulations which would require virtual currency businesses operating in New York State to safeguard data and protect customer privacy. Notably, the proposed regulations include requirements for virtual currency business to maintain cyber security programs and business continuity and disaster recovery plans. Virtual currencies under the regulations … Continue Reading

Florida Legislature Seeks to Overhaul Existing Data Security Law

On the heels of recent nationwide data breaches of consumer personal information, the Florida State Senate has proposed SB 1524, which if adopted will become effective on July 1, 2014, to revamp and replace existing state data security law and, in particular, impose a statutory requirement to safeguard personal information, reporting a breach to the … Continue Reading

Top 14 for 2014

In honor of National Data Privacy Day, we provide the following “Top 14 for 2014.”  While the list is by no means exhaustive, it does provide critical areas businesses will need to consider in 2014. Location Based Tracking.  As the utilization of GPS enable devices becomes more and more prevalent, employers are often faced with … Continue Reading

CMS Seeks Emergency Review and Approval of its One-Hour Breach Notification Rule for Exchanges

Today, the Centers for Medicare and Medicaid Services (CMS) requested an "emergency review" of its recently proposed rule that "[Federally-facilitated Exchanges or FFEs], non-Exchange entities associated with FFEs, and State Exchanges must report all privacy and security incidents and breaches to HHS within one hour of discovering the incident or breach."  We reported on the proposed … Continue Reading

Thinking About Cyber, Data Breach Insurance? Have You Assessed Your Needs/Risks?

It seems more companies are considering whether to purchase or enhance their cyber or data breach insurance coverage. In recent years, these offerings have expanded giving businesses more choice, and perhaps so has the need for such coverage given the explosion of access to and transmission of confidential data. What is interesting about this development is the different … Continue Reading

California Considers Broader and Tougher Data Disclosure Requirements for Use of Customer Personal Information

In the face of increasing incidences of and rising public concern regarding identity theft, the California Legislature is considering a bill with new personal information data disclosure requirements for California businesses and a broad definition of what constitutes personal information. California Assembly Bill 1291, would require businesses who have customer personal information and have disclosed … Continue Reading

Privacy on the Go: California’s Recommendations for Mobile Device/App Privacy and Security

In 2012, California took significant steps to increase privacy protections for users of mobile applications (apps) which involved working with companies such as Amazon, Apple, Facebook, Google, Hewlett-Packard, and Microsoft. In July 2012, the Attorney General created the Privacy Enforcement and Protection Unit, with the mission of protecting the inalienable right to privacy conferred by the … Continue Reading

Start 2013 On The Right Foot – Assess Your Organization’s Information Risk

The $50,000 in penalties that the Office for Civil Rights (OCR) recently imposed on a health care provider in Idaho was due in part to allegations that the HIPAA covered entity had not conducted a risk assessment as required under the HIPAA privacy and security regulations. Of course, HIPAA is not the only law that requires a risk assessment. … Continue Reading
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